German Corporate Governance in International and European Context
The global economy brings us into a new world of legal players and legal transac- 1 tions. Corporations from many countries and divergent cultural backgrounds - come our partners for business and investment. Therefore, it is indispensable to know the main
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Jean J. du Plessis · Bernhard Großfeld Claus Luttermann · Ingo Saenger Otto Sandrock
German Corporate Governance in International and European Context
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Prof. Dr. Jean J. du Plessis Deakin University Waurn Ponds Geelong Victoria 3217 Australia [email protected]
Prof. Dr. Ingo Saenger University of Muenster Universitätsstraße 14-16 48143 Muenster Germany [email protected]
Prof. Dr. Bernhard Großfeld Von Manager-Straße 16 48145 Muenster Germany [email protected]
Prof. Dr. Otto Sandrock Birkhahnweg 1 48155 Muenster Germany [email protected]
Prof. Dr. Claus Luttermann Catholic University of Eichstaett-Ingolstadt Chair of International Bussiness Law Auf der Schanz 49 85049 Ingolstadt Germany [email protected]
Library of Congress Control Number: 2007928573
ISBN 978-3-540-71186-5 Springer Berlin Heidelberg New York This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer. Violations are liable to prosecution under the German Copyright Law. Springer is a part of Springer Science+Business Media springer.com © Springer-Verlag Berlin Heidelberg 2007 The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Production: LE-TEX Jelonek, Schmidt & V¨ ockler GbR, Leipzig Cover-design: WMX Design GmbH, Heidelberg SPIN 12027620
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Preface
The global economy brings us into a new world of legal players and legal transactions.1 Corporations from many countries and divergent cultural backgrounds become our partners for business and investment. Therefore, it is indispensable to know the main principles of other countries’ corporate governance structures. Some remarkable developments have taken place in the European Union (EU) in recent times: the EU now comprises 27 Member States after Cyprus and several other Eastern and Southeastern European States became members in 2004 and with Romania and Bulgaria joining the EU in January 2007. Company law harmonisation is once again high on the agenda of the EU; the first European Companies (SE) started to do business at the end of 2004; and every day more and more cross-border trade takes place within the EU. This book aims to provide the reader with a basic understanding of the German corporate governance system. It offers an overview of German corporations law and explains the interrelationship among the various organs required for Ger
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